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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST UPDATE No 289 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B PART-3

GST UPDATE No 289 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B PART-3
We have extensively covered various presentational issues faced by the assessees in the new format of GSTR-3B which has been made applicable for the return filed for the month of August, 2022. In the present update, we seek to point out some more practical difficulties being faced by the assessees while filing their GSTR-3B in the new format.
We hereby discuss the various practical issues of presentation being faced by the assessees as follows:-
1. Adjustment of ITC pertaining to bill of entry not reflected in serial no. 4A(1) of GSTR-3B:- It is observed that at times, input tax credit of certain bill of entries are not reflected in the serial no. 4A(1) of the GSTR-3B due to technical glitches on the portal. However, the original copy of bill of entry and the imported goods have been received in the premises of the assessee. In such a scenario, the assessee will edit the amount mentioned in serial no. 4A (1) of the GSTR-3B itself.
Now, the question arises is in case where the imported goods are not received in the factory premises or the bill of entry is not received but the amount of input tax credit (say Rs. 11,000/-) is being reflected in GSTR-2B and the auto-populated figure of serial no. 4A(1), whether the said amount of Rs. 11,000/- is to be reduced from serial no. 4A(1) of GSTR-3B or the said amount of Rs. 11,000/- will need to be reflected as reversal under serial no. 4B(2) of GSTR-3B. Thereafter, if the amount is reflected as reversal, in such case, when the imported goods and bill of entry are received, the ITC of Rs. 11,000/- is to be claimed in serial no. 4A(1) and also reflected in serial no. 4D(1). In nutshell, whether assessee needs to follow the practise of reflection of discrepancy in the auto-populated figure with respect to import of goods in the same manner as is done for “all other ITC”? If the clarification issued vide Circular no. 170/02/2022-GST dated 06.07.2022 is pursued, it is found that reference is made to auto-population of table 4A of GSTR-3B from various tables of FORM GSTR-2B. Consequently, as the
circular does not specifically refer to table 4A(5), it appears that the mechanism as suggested needs to be followed for ITC pertaining to different clauses of table 4A. Hence, the practise of reflecting Rs. 11,000/- as reversal under serial no. 4B(2) of GSTR-3B needs to be followed. It is pertinent to mention here that as per provision contained in section 16(2)(aa) of the CGST Act, 2017 requires that in order to claim ITC, the details of invoice or debit note has been furnished by the supplier in GSTR-1 and such details have been communicated to the recipient in GSTR-2B. The provision does not mentions bill of entry so the input tax credit of bill of entry can be claimed irrespective of the fact that the said ITC is appearing in GSTR-2B or not. Consequently, there should not be any requirement to follow the mechanism of presentation as stated in the circular with respect to import of goods. Furthermore, following the practise as mentioned in the circular will increase complexities as it will lead to double reporting of figures thereby requiring in-depth analysis while filing annual return. However, in order to maintain consistency, the assessees may follow the mechanism of presentation as stated in the circular for ITC pertaining to import of goods also.
2. Treatment regarding discrepancy in auto-populated figure of ITC of ISD:- At times, it is possible that there is discrepancy in the auto-populated figure of ITC in serial no. 4A(4) of the GSTR-3B. For example- out of 5 invoices, ITC pertaining to 3 invoices are only being reflected in the auto-populated figure. In such a case, the assessee will again need to amend the figure reported in table 4A (4) by adding the amount of ITC pertaining to 2 invoices not considered in the auto-populated figure. Likewise, if in the above example, the assessee had not received 2 invoices, but ITC pertaining to the said 2 invoices (say Rs. 11,000/-) was reflected in the auto-populated figure, then the assessee needs to reflect the said amount of Rs. 11,000/- as reversal under serial no. 4B (2) of GSTR-3B. Thereafter, when the invoices are received by the assessee from ISD, the ITC of Rs. 11,000/- is to be claimed in serial no. 4A (4) and also reflected in serial no. 4D (1). The discussion as regards following the procedure as prescribed in the Circular no. 170/02/2022-GST dated 06.07.2022 is not repeated for the sake of brevity.
3. Treatment of auto-populated figure of RCM credit in serial no. 4A(3) of GSTR-3B:- The figure auto-populated in serial no. 4A(3) of theGSTR-3B is always amended as most of the time, the amount of tax paid under RCM is different from the RCM entries reflected in GSTR-2B. Moreover, the auto-populated figure may also consist of RCM entries, the ITC of which is blocked such as rent-a-cab services. Consequently, the assessee will have to reflect the ineligible portion of ITC pertaining to RCM as reversal under serial no. 4B(1) of the GSTR-3B. Needless to repeat that since the clarification refers to table 4A without specific clauses, it is not advisable to reduce the said ineligible input tax credit from table 4A(3) of GSTR-3B.
4. Complications due to amendment in invoices by suppliers:- Practically, invoices are amended by the suppliers due to which assessees are in dilemma to report the transaction in the new format of GSTR-3B. To illustrate- One invoice issued in the month of June, 2022 involving ITC of Rs. 4500/- was wrongly uploaded by the supplier in GSTR-1 as Rs. 4300/-. As the ITC was wrongly reflected in GSTR-2B as Rs. 4300/-, the recipient assessee did not claim the ITC in the month of June, 2022. Thereafter, supplier amended the invoice in the month of August, 2022, due to which the net effect of Rs. 200/- was being reported in the auto-populated ITC under table 4A(5) of
the GSTR-3B. The assessee is unclear as to how to report this transaction in the new GSTR-3B. In our opinion, the assessee is required to add Rs. 4300/- in serial no. 4A(5) in the month of August, 2022 and also report Rs. 4300/- in 4D(1) of GSTR-3B.
5. Credit note reflected in GSTR-2B but not received by the recipient assessee in August, 2022:- There may be situation that the supplier issues credit note for an earlier invoice, in the month of August, 2022 which is reflected in GSTR-2B and the auto populated figure of table 4B(2) for the month of August, 2022. However, the recipient assessee has not reversed the said ITC as the credit note is pending to be received by them. In such a case, the assessee will have to reduce the amount of table 4B(2) by the said credit. Thereafter, the assessee will report the said credit in table 4B(2) on actual receipt of the credit note in the subsequent month.
6. Debit note reflected in GSTR-2B but not received by the recipient assessee in August, 2022:- There may be situation that the supplier issues debit note for an earlier invoice, in the month of August, 2022 which is reflected in GSTR-2B and the auto populated figure of
table 4A(5) in the month of August, 2022. However, the recipient assessee has not availed input tax credit as the debit note is pending to be received by them. In such a case, the assessee will have to reverse the said ITC in table 4B(2) and also reflect the said ITC in table 4D(1). Thereafter, the assessee will report the said ITC in table 4A(5) on actual receipt of the debit note in the subsequent month.
The list of problems faced by the assessees while filing GSTR-3B in new format is increasing day by day. It is hoped that the government issues suitable clarification to resolve various presentational disputes at the earliest possible so that proper compliance of filing GSTR-3B in the new format is being done by the assessee.
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